Malta’s epidemic of dangerous driving: same court clears reckless motorist

The same magistrate who decided not to impose a jail term on a taxi driver who ran over a woman at 110km/hour on a pedestrian crossing, has cleared yet another driver for dangerous driving.

The accused grievously injured a pharmacist on a pelican crossing in Ħamrun in 2020, but was cleared of criminal charges, even though his insurance provider compensated the victim without any dispute being filed.

The victim, a middle-aged pharmacist, was crossing the road on High Street, in Ħamrun on 1 December 2020 with her sister, when she was hit.

The driver was emerging from a nearby auto-shop in the vicinity, before hitting the pedestrian, claiming the traffic lights were green and giving him the right of passage. The victim on the other hand insisted she had crossed the road when the light turned green, and had nearly made it to the other side of the road.

The accident has left the middle-aged pharmacist with life-changing injuries, suffering from considerable degree of disability. The driver was charged with negligent driving and a hit-and-run.

She is also suffering from considerable degree of disability. 

It transpired from the proceedings that it was not in fact a hit-and-run, as the accused had emerged from the car to help the victim’s sister who dropped her glasses during the incident.  

Before criminal procedures were initiated, the victim’s lawyers had already settled damages with the driver’s insurance, with insurers contesting neither the responsibility or the amount.

Handing down the judgment on 2 May, Magistrate Yana Micallef Stafrace cleared the man of all charges in the criminal court. 

This transpires from the fact in criminal proceedings, any doubt runs in favour of the accused, as both parties were insisting, they were not in the wrong. 

The verdict was delivered by the same magistrate who convicted 27-year-old Renald Aquilina of causing grievous injuries to the victim, with dangerous and reckless driving, at 110km/hr in a built-up area, but handed down a suspended sentence.

The decision has been widely criticised for its leniency, with many calling for the need to amend the Criminal Code so that penalties for dangerous driving reflected the gravity of the act. 

Speaking during a parliamentary debate on a bill amending the Traffic Regulation Act to raise the fines and penalty point deductions for traffic contraventions, Opposition shadow minister for home affairs Joe Giglio said it was not enough to raise the fines, but the provisions of the Criminal Code needed to be updated as well to serve as a proper deterrent.

Clause 226 of the Criminal Code only speaks about a motorist causing grievous or slight injuries, without a proper definition of either. 

“It was clearly the time to introduce a graded system where the penalty fitted the crime, in this case the consequences of reckless driving,” he said.

Clause 225 provides that "whosoever, through imprudence, carelessness, unskilfulness in his art or profession, or non-observance of regulations, causes the death of any person, shall, on conviction, be liable to imprisonment for a term not exceeding four years or to a fine not exceeding €11,646.87".

Clause 226 adds that where grievous bodily harm ensues, the offender shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding €4,658.75. 

When the injury does not cause permanent debility of any organ of the body, or any permanent defect the punishment is a prison term not exceeding six months or a fine not exceeding €2,329.37. If the harm is slight, the punishment is as that for contraventions.